Divorce on grounds of adultery can I reopen the case


I had initiated a case of divorce after sufficient proof. However to severe family pressure withdrew on the first day of hearing (Feb 2012). We are both brahmins (aged 55 & 47 yrs) married under HMA. Now I find it a big mistake. Can I reopen the case OR file a fresh case on the same grounds?

Answers (3)


170 votes

A fresh petition has to be filed and old case cannot be reopened. It I can be filed on the same grounds as urged in the earlier petition and also new grounds which have arisen subsequently. Adultery is difficult to prove but desertion ground if available will be easier to prove.


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55 votes

On what reasons was the petition withdrawn to refile or not pressed. U have ro file fresh petition for divorce since a new cause of action so file fresh. How about children, r u working how then how. So think about future and mov

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132 votes

You can file a fresh suit on a new cause of action, even if it on the same old grounds. There is no bar to it. But the proofs you provide should be of a degree believable by the Court, Are you living together now ?

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